[Introduced March 22, 2013; referred to the Committee on the
Judiciary.]

____________

A BILL to amend and reenact §60A-2-208 and §60A-2-212 of the Code
of West Virginia, 1931, as amended, all relating to moving the
narcotic drug buprenorphine, sold as Suboxone or Subutex, from
its current Schedule V substance classification to Schedule
III.

Be it enacted by the Legislature of West Virginia:

That §60A-2-208 and §60A-2-212 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 2. STANDARDS AND SCHEDULES.

§60A-2-208. Schedule III.

(a) Schedule III consists of the drugs and other substances,
by whatever official name, common or usual name, chemical name or
brand name designated, listed in this section.

(b) Stimulants. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system including
its salts, isomers (whether optical, position or geometric), and
salts of such isomers whenever the existence of the salts, isomers
and salts of isomers is possible within the specific chemical
designation:

(1) Those compounds, mixtures or preparations in dosage unit
form containing any stimulant substances listed in Schedule II
which compounds, mixtures or preparations were listed on August 25,
1971, as excepted compounds under 21 C.F.R §1308.32, and any other
drug of the quantitative composition shown in that list for those
drugs or which is the same except that it contains a lesser
quantity of controlled substances;

(2) Benzphetamine;

(3) Chlorphentermine;

(4) Clortermine;

(5) Phendimetrazine;

(6) Hydrocodone.

(c) Depressants. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system:

(1) Any compound, mixture or preparation containing:

(A) Amobarbital;

(B) Secobarbital;

(C) Pentobarbital; or any salt of pentobarbital and one or
more other active medicinal ingredients which are not listed in any
schedule;

(2) Any suppository dosage form containing:

(A) Amobarbital;

(B) Secobarbital;

(C) Pentobarbital; or any salt of any of these drugs and
approved by the Food and Drug Administration for marketing only as
a suppository;

(3) Any substance which contains any quantity of a derivative
of barbituric acid or any salt of barbituric acid;

(4) Chlorhexadol;

(5) Lysergic acid;

(6) Lysergic acid amide;

(7) Methyprylon;

(8) Sulfondiethylmethane;

(9) Sulfonethylmethane;

(10) Sulfonmethane;

(11) Tiletamine and zolazepam or any salt of tiletamine and
zolazepam; some trade or other names for a tiletamine-zolazepam
combination product: Telazol; some trade or other names for
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; some trade
or other names for zolazepam: 4-(2-flurophenyl)-6, 8-dihydro-1, 3,
8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one, flupyrazapon;

(12) Human growth hormones or anabolic steroids.

Ketamine, its salts, isomers and salts of isomers including
ketamine hydrochloride.

(d) Nalorphine.

(e) Narcotic drugs. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation containing any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid, in
limited quantities as set forth below:

(1) Not more than 1.8 grams of codeine per 100 milliliters and
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium;

(2) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;

(3) Not more than 300 milligrams of dihydrocodeinone
(hydrocodone) per 100 milliliters or not more than 15 milligrams
per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium;

(4) Not more than 300 milligrams of dihydrocodeinone
(hydrocodone) per 100 milliliters or not more than 15 milligrams
per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts;

(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters and not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;

(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;

(7) Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams or not more than 25 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;

(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts; and

(9) Buprenorphine.

(f) Anabolic steroids. -- Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture,
or preparation containing any quantity of anabolic steroids,
including its salts, isomers and salts of isomers whenever the
existence of the salts of isomers is possible within the specific
chemical designation.

(a) Schedule V shall consist of the drugs and other
substances, by whatever official name, common or usual name,
chemical name, or brand name designated, listed in this section.

(b) Narcotic drugs. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation containing any of the following narcotic drugs and
their salts, as set forth below:

(1) Buprenorphine.

(c)(b) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any compound, mixture or preparation containing any
of the following narcotic drugs or their salts calculated as the
free anhydrous base or alkaloid in limited quantities as set forth
below, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound,
mixture or preparation valuable medicinal qualities other than
those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less
than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;

(6) Not more than 0.5 milligrams of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.

(d)(c) Stimulants. -- Unless specifically exempted or
excluded or unless listed in another schedule, any material,
compound, mixture or preparation which contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including its salts, isomers and salts of isomers:

(1) Pyrovalerone.

(e)(d) Any compound, mixture or preparation containing as its
single active ingredient ephedrine, pseudoephedrine or
phenylpropanolamine, their salts or optical isomers, or salts of
optical isomers except products which are for pediatric use
primarily intended for administration to children under the age of
twelve: Provided, That neither the offenses set forth in section
four hundred one, article four of this chapter, nor the penalties
therein, shall be applicable to ephedrine, pseudoephedrine or
phenylpropanolamine which shall be subject to the provisions of
article ten of this chapter.

NOTE: The purpose of this bill is to remove the drug
buprenorphine, sold as Suboxone or Subutex, from its current
Schedule V substance classification and move to Schedule III. This
move, in effect, would cause those convicted of a crime in regards
to its use, manufacture or possession, to suffer a felony instead
of the misdemeanor under its current Schedule V classification.

Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.